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<ns0:Id>20250SB__108398AMD</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-13</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-03-25</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>1083</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Pérez</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Pérez</ns0:Name>
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<ns0:Title> An act to amend Sections 44051 and 44052 of, and to add Section 44053 to, the Education Code, relating to school employees. </ns0:Title>
<ns0:RelatingClause>school employees</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Noncertificated public school employees: private school employees: egregious misconduct: statewide data system.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law requires school districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department considering an applicant for a noncertificated position, and private schools considering an applicant for any position, to inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as required to be
disclosed, as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined, that were used to support a substantiated investigation. Existing law requires those entities, when responding to an inquiry as to whether it has made a report of egregious misconduct to the Commission on Teacher Credentialing, to also provide the inquiring entity with a copy of all relevant information that was reported to the commission within its possession.
</html:p>
<html:p>This bill
would, among other things, require those disclosures to be related to a substantiated report instead of a substantiated investigation.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law requires the commission, on or before July 1, 2027, and contingent upon an appropriation for these purposes in the annual Budget Act or another statute, to develop a statewide data system that includes information relating to investigations of allegations of egregious misconduct of individuals serving in a noncertificated position for a local educational agency, as defined, or in any position for a private school. Existing law requires local educational agency employers and private school employers, following both the start of, and completion of, an investigation of egregious misconduct, to submit notice to the statewide data system, as provided. Existing law requires
substantiated reports of egregious misconduct and employee departures from employment during investigations to be recorded in the statewide data system and prohibits the recording in the statewide data system of investigations of egregious misconduct that result in an unfounded or inconclusive report, as provided.
</html:p>
<html:p>This bill would require a local educational agency or private school employer, upon receiving any credible complaint or other reason to believe that an employee has engaged in egregious misconduct, to conduct an investigation to determine whether the employee committed egregious misconduct, as provided. Before commencing the investigation, the bill would require those entities to provide the employee with written notice, as specified. The bill would, among other things, (A) require those entities to complete the investigation regardless of whether
the employee ends the employment relationship, (B) require local educational agency employers, within 10 calendar days of the conclusion of the investigation, to serve upon the employee a written notice relating to the findings, as specified, and (C) provide local educational agency noncertificated employees with the right to request a hearing on a substantiated report, as provided.</html:p>
<html:p> If a local educational agency noncertificated employee requests a hearing, the bill would require the local educational agency, within 10 calendar days of the administrative law judge’s decision, to submit notice to the commission, which would be required to update the statewide database, as specified.</html:p>
<html:p> By imposing additional duties
on local educational agencies, the bill would impose a state-mandated local program.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law requires a local educational agency or private school, within 10 calendar days of a noncertificated employee leaving a position at a local educational agency or any employee leaving a position at a private school, to provide to the statewide data system the final date of employment or final date in the position, and, within 10 calendar days of the start of an investigation of egregious misconduct, to submit notice to the statewide data system that an investigation was commenced. Existing law requires the statewide data system records to indicate a pending status from the receipt of the notice and until the local educational agency employer or private school employer submits subsequent notice, as provided.
</html:p>
<html:p>This bill would delete the requirement that the statewide data system indicate a pending status
for all investigations and instead would require the local educational agency employer or private school employer, only if the relevant employee leaves before the completion of an investigation of egregious misconduct, to, among other things, (A) submit notice of the change in employment status preinvestigation or midinvestigation to the statewide data system to be included in the employee’s record, (B) submit a preliminary notice to the statewide data system that an investigation was commenced based on any credible complaints of egregious misconduct, (C) complete the investigation, as specified, and, based on the investigation’s findings, issue a substantiated, unsubstantiated, or inconclusive report, and (D) submit a notice to the statewide data system on the report, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.</html:p>
<html:p> The bill would require the statewide data
system, as it relates to employees who leave a local educational agency employer or private school employer preinvestigation or midinvestigation, to immediately notify their current employer that a preliminary notice has been made and an investigation is pending, and to make that notification again every 30 days until the local educational agency employer or private school employer submits a subsequent notice, as specified.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law requires those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions to review the statewide data system to determine whether an investigation resulted in a substantiated report of egregious misconduct before hiring an individual for an applicable position.
</html:p>
<html:p>This bill would, among other things, require the statewide data system to be accessible only to employees of local
educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions, and would require those employees to keep information contained in the statewide data system confidential.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_FC71268D-BA3F-485A-A7D7-EF714ED9BC0D">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 44051 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>44051.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person applying for a noncertificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or applying for any position at a private school, shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department considering an applicant for a noncertificated position, and private schools
considering an applicant for any position, shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were used to support a substantiated report.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employee’s egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information within its possession that was used to support a substantiated
report of egregious misconduct.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment.
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<ns0:BillSection id="id_3A6DCB55-4666-47FC-BC7E-CEDBE805C9B2">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 44052 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>44052.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before July 1, 2027, the commission shall, contingent upon an appropriation for these purposes in the annual Budget Act or another statute, develop a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a local educational agency or in any position for a private school employer:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The name, date of birth, and a unique identification number of the employee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The name of the school employer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The starting date, ending date, if applicable, and title for each school position held by the employee.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The name of any local educational agency or private school employer that conducted an employee investigation for egregious misconduct that resulted in a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after July 1, 2027.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The date an investigation described in paragraph (4) was commenced.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The date a substantiated report described in paragraph (4) was filed.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Employment status.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Those local educational agencies and private school organizations that are responsible for employment, employee
investigations, or hiring decisions shall, before hiring an individual for a noncertificated position at a local educational agency or any position at a private school employer, review the statewide data system established pursuant to subdivision (a) to determine whether an investigation resulted in a substantiated report pursuant to paragraph (4) of subdivision (a).
The statewide data system shall be accessible only to employees of local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions, and those employees shall keep information contained in the statewide data system confidential.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Within 30 calendar days of hiring an individual for a noncertificated position at a local educational agency or for any position at a private school employer, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the position.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Within 30 calendar days of an individual changing into, or adding, a noncertificated position with the same local educational agency employer or any
position at a private school organization, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the new or additional position.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within 10 calendar days of a noncertificated employee leaving a position at a local educational agency or any employee leaving a position at a private school, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the final date of employment or final date in the position.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a noncertificated employee leaves a local educational agency employer, or any employee leaves a private school employer, where the employee is the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct before the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Submit notice of the change in employment status preinvestigation or midinvestigation to the statewide data system, to be included in the employee’s record.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Submit a preliminary notice to the statewide data system that an investigation was commenced based on any credible complaints of egregious misconduct.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Within the timeframe established in subdivision (a) of Section 44053, complete the investigation and, based on the investigation’s findings, issue an appropriate report, as defined in Section 11165.12 of the Penal Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Consistent with subdivision (f), submit a notice to the statewide data system of the report of the local educational agency employer or private school employer, or, if elected and applicable, the decision issued by an administrative law judge pursuant to Section 44053 on a substantiated report, regarding a credible complaint of egregious misconduct.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon notification to the statewide data system of a preliminary notice
pursuant to subparagraph (B) of paragraph (2), the statewide data system shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Indicate a pending status from the receipt of the notice pursuant to subparagraph (B) of paragraph (2) until the local educational agency employer or private school employer submits a subsequent notice pursuant to subdivision (f).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Immediately notify the current employer of the noncertificated employee in a local educational agency, or any employee of a private school employer, that a preliminary notice has been made and an investigation is pending.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notify the current employer of the noncertificated employee in a local educational agency or any employee of a private school employer that a
preliminary notice has been made and an investigation is pending every 30 days after the initial notice provided for in subparagraph (A) until the local educational agency employer or private school employer submits a subsequent notice pursuant to subdivision (f).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Within 10 calendar days of
a substantiated report of the local educational agency employer or private school employer, or, if elected and applicable, a decision issued by an administrative law judge pursuant to Section 44053 consistent with the substantiated report, whichever is later, regarding a credible complaint of egregious misconduct, the local educational agency employer or private school employer shall submit notice stating the result of the substantiated report to the statewide data system.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If an investigation of egregious misconduct results in a substantiated report as defined in subdivision (b) of Section 11165.12 of the Penal Code, and the local educational agency employer or private school employer concurs with the substantiated report, or, if elected and applicable, an administrative law judge renders a decision pursuant to Section 44053 consistent with the substantiated report, a record of the
substantiated report shall be created in the statewide data system.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If an investigation of egregious misconduct results in an unfounded report or inconclusive report as defined in subdivision (a) or (c) of Section 11165.12 of the Penal Code, and if the local educational agency employer or private school employer does not concur with a substantiated report, or, if elected and applicable, an administrative law judge renders a decision
pursuant to Section 44053 inconsistent with a substantiated report, no record of an investigation shall be
maintained in the statewide data system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a previously substantiated report is later determined by the
governing board or body of the local educational agency, the private school, or an administrative law judge, if applicable, to be unfounded or inconclusive, the local educational agency or private school shall notify the commission within 10 calendar days. Upon receiving the notification, the commission shall remove the report and any record of an investigation from the statewide data system.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The commission shall serve only as the data administrator for records submitted to the statewide data system pursuant to this section. The commission shall ensure the secure operation and technical functionality of the statewide data system, but shall not be responsible for verifying the truthfulness or legal sufficiency of the information
submitted by local educational agency employers or private school employers.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Egregious misconduct” has the same meaning as defined in Section 44932.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Local educational agency” means a school district, county office of education, charter school, educational joint powers authority, or state special school or diagnostic center operated by the department.
</html:p>
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 44053 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:Num>44053.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local educational agency employer or private school employer, upon receiving any credible complaint or other reason to believe that an employee has engaged in egregious misconduct as defined in Section 44932, shall conduct an investigation to determine whether the employee committed egregious misconduct.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investigations pursuant to paragraph (1) shall commence within 15 calendar days of receiving a credible complaint or other reason to believe that an employee has engaged in egregious misconduct.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Investigations pursuant to paragraph (1) shall be concluded within 90 calendar days of being commenced. Conclusion of the investigation shall be
evidenced by a written report, as defined in Section 11165.12 of the Penal Code. The timeline for conclusion of the investigation may be extended for good cause.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before commencing an investigation pursuant to subdivision (a), the local educational agency employer or private school employer shall provide the employee with written notice of the investigation, including the specific allegations. The notice to the employee required in this subdivision shall include language that if the employee leaves their employment before the conclusion of the investigation, this change in employment status and a preliminary notice will be reported to the statewide data system pursuant to subdivision (e) of Section 44052.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The local educational agency employer or private school employer conducting an investigation pursuant to subdivision (a) shall give the employee
the reasonable opportunity to provide a statement and evidence to the investigator. The statement or evidence may be in person or in writing, or both, at the employee’s option.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Records related to this investigation shall not be entered into an employee’s personnel records unless and until the employee is given the written notice pursuant to subdivision (b) and an opportunity is provided to the employee to review and comment on those records. Investigative records shall not be made available until the conclusion of the investigation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The investigation shall be completed regardless of whether the employee ends the employment relationship with the local educational agency employer or private school employer.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within 10 calendar days of the conclusion of the investigation, the local
educational agency employer shall serve upon the employee a written notice of the finding and a summary of the basis for the finding, and an employee of the local educational agency shall have a right to request a hearing. The notice shall include a statement of the employee’s right to contest a finding of the substantiated report, including stating a deadline for requesting a hearing that is no less than 15 calendar days and no greater than 30 calendar days after notice is given. The notice shall also include a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. Service shall be made by a method authorized by Section 11505 of the Government Code. Filing of the request for hearing shall be made in writing to the local educational agency employer as provided in instructions provided with the notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the employee of the local educational agency does not request a hearing, the
substantiated report and employment decision shall stand and a record of this finding shall be made in the statewide database described in Section 44052.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the employee of the local educational agency timely requests a hearing on the substantiated report, the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the governing board or body of the local educational agency shall have all the power granted to an agency in that chapter, except that all of the following shall apply:
</html:p>
<html:p>
(A)
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The hearing shall be scheduled at the earliest date feasible after consultation with the employee and the local educational agency employer, no earlier than 10 calendar days and no later than 30 calendar days after the request for a hearing is received by the local educational
agency employer. The hearing may be postponed for good cause as provided in Section 11505 of the Government Code.
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<html:p>
(B)
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The local educational agency employer shall have the burden to prove with a preponderance of the evidence that the employee committed the egregious misconduct of which the employee was accused. In the event of conflicting findings and conclusion between the substantiated report and the administrative law judge under Section 11520 of the Government Code, the findings and conclusion of the administrative law judge shall take precedence.
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(C)
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The employee of the local educational agency may be represented at a hearing by an attorney, a nonattorney representative, or a nonattorney representative of the employee organization designated as the exclusive representative of the employee, if any.
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(D)
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If an
administrative law judge finds that the allegations of egregious misconduct are not proved by a preponderance of the evidence, the substantiated report shall be adjudged unfounded or inconclusive, as defined in Section 11165.12 of the Penal Code, and the local educational agency employer shall, within 10 calendar days, submit notice to the commission, which shall update the statewide database described in Section 44052 to remove any indication of the pending investigation, if applicable.
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(E)
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If an administrative law judge finds that the allegations of egregious misconduct are substantiated, the local educational agency employer shall, within 10 calendar days, submit notice to the commission, which shall update the statewide data system as specified in Section 44052.
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(F)
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The employer shall timely deliver to the employee a copy of any decision or finding by the administrative law
judge.
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(d)
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For purposes of this section, the following definitions apply:
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<html:p>
(1)
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“Employee” means a noncertificated employee of a local educational agency or any employee of a private school.
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(2)
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“Local educational agency” means a school district, county office of education, charter school, educational joint powers authority, or state special school or diagnostic center operated by the department.
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</ns0:BillSection>
<ns0:BillSection id="id_76904F43-650F-40F2-B71A-6F53AB32B3AA">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>It is the intent of the Legislature to ensure that independent contractors who interact with pupils are vetted through appropriate measures to protect student safety, with specific requirements to be developed in subsequent provisions to be included in this act.</html:p>
</ns0:Content>
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<ns0:BillSection id="id_F576061C-1E99-4C25-B0CF-B26468CB877E">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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